SCHEDULES
SCHEDULE 2Corresponding powers involving devolved authorities
F1PART 1CProvision in connection with Protocol on Ireland/Northern Ireland
11RMeaning of devolved competence: Part 1C
A provision is within the devolved competence of a Northern Ireland department for the purposes of this Part if—
a
the provision, if it were contained in an Act of the Northern Ireland Assembly—
i
would be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law), and
ii
would not require the consent of the Secretary of State,
b
the provision—
i
amends or repeals Northern Ireland legislation, and
ii
would, if it were contained in an Act of the Northern Ireland Assembly, be within the legislative competence of the Assembly (ignoring section 6(2)(d) of the Northern Ireland Act 1998 so far as relating to EU law) and require the consent of the Secretary of State, or
c
the provision is provision which could be made in other subordinate legislation by any Northern Ireland devolved authority acting alone (ignoring section 24(1)(b) of the Northern Ireland Act 1998).
Sch. 2 Pt. 1C inserted (19.5.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 22, 42(7) (with s. 38(3), Sch. 5 para. 66); S.I. 2020/518, reg. 2(j)